How HR Cheats Employees 2
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- Опубликовано: 9 июн 2024
- This is video is about three common tricks that Human Resources uses to cheat employees out of money, dignity, and employment rights. This is the second video by Mr. Robertson.
Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers. Visit his website at: brobertsonlaw.com
Links to Relevant Videos:
How HR Cheats Employees - Pt. 1 - • How HR Cheats Employees
How to Complain to HR Correctly - • Complain to Human Reso...
Why Human Resources Sucks - • Human Resources Sucks ...
Old Misclassification Video - • Misclassified as Exemp...
Pretext in Employment Terminations - • The Law Behind Fake Re...
Chapters:
00:00 - Introduction
00:37 - Trick 1 - Third Party Investigators
03:49 - Trick 2 - Misclassification
06:31 - Trick 3 - HR Lies When They Fire You
09:25 - Conclusion
Please subscribe to Branigan's channel!
I’m a college senior that was just about to apply to graduate programs in a HR-related field just a few months ago when I first saw your videos. I was quite upset, because I drank the “kool-aid” that HR is there to help employees. Well, after my first internship, I saw first-hand that you are absolutely right, and I now want to become an employment lawyer like you. Studying for the LSAT is very difficult, but these videos give me motivation because I want to fight for employees like you do. Thanks and keep up the good work.
Good luck! 🙏✝️🇺🇸
He doesn’t “fight for employees”; he tries to make money. The employees are an afterthought. He’s not a charity and those that are, not pretend to be, will drain themselves quickly.
@@jessicak4223 and, there's nothing wrong with that, most, over 99.9% people work for money.
But you're right
We will watch your career with great interest.
@@jessicak4223 His incentives lines up with your best interest. That’s all that matters. He would be out of work if ineffective
Over the years I have determined the only times you should be dealing with HR is when you enter a job and when you leave a job. The game is fixed. Anything you tell them will be used against you in a court of law.
💯💯💯💯💯
Can't agree more. It is happening to me in a court. I was foolish to trust them. I didn't know evil people existed in my world until I met HR.
Sometimes, you have to engage with HR, as you cannot sue the company if you haven't first lodged an official grievance.
who signs HR's paycheck?
THAT is who rules their (and most anyone's) loyalty ...
They're like plain clothed police officers.
I was led to believe by HR that the 3rd party investigators they assigned to handle my complaint were neutral/unbiased, but these investigators were actually attorneys representing my employer. I reported them to the State Bar for misrepresentation and conflict of interest. They are now under investigation. So, everyone, if you experience the same thing, report these attorneys to the State Bar. This must stop!
Great job.
Frito lay
Is a fuck up place . Hr hires you but anybody can fire you. Hr locks doors n shutdown phones.
That bad. No bs fuck frito lay.
love you for what you did !
Useful info. Thanks!
Story time: At a previous company, I had one of their employees hit-and-run (while driving a company truck) my car in the parking lot. I approached HR and they told me they had looked into video footage and seen who it was and heavily implied that it was this individual. The next day, my boss had a meeting with me and said they had no idea who hit me and no proof so my personal insurance would have to handle it. I went back to HR and the story was totally different--the CCTV camera hadn't been working and they had no idea who it was or even proof that it had happened on their property. My boss was also the boss of this employee and didn't want to have to fire the driver (they were short staffed) or have legal liability. HR is NEVER on your side in a dispute between you and management.
Jeez do ya think !
If you go to your own insurance, tell them exactly and carefully what happened, when, and name names. In most states they will cover your claim, and then "subrogate", which is to say that they will collect against THEIR insurance. If the company truck in question is large enough to require a commercial driver's license, you can contact the state and report it against his license, they'll ding him for failure to report an accident and maybe suspend his license. If his state requires him to have a bond, you can file a claim against his bond. If he is a contract worker, you can put a claim against his contractor's license bond. Also report the accident to the state DMV,DPS, or whatever the state motor licensing authority is. Retaliation against you is not lawful, document everything. I wouldn't worry too much about being fired because I'm pretty sure that they are setting you up for that anyway.
@@jacqueslefave4296 Unfortunately this was several years ago, and fortunately I did leave that company later. But thank you for this info. This is good for people to know. I do think it's important to state that if you take these actions, they will look for other reasons to fire you, demote you, make your life hell till you quit (hard to prove that was the intent). But if you want to leave the company soon anyway and have something else lined up, I think all your suggestions are excellent. I wish I had known I could do them.
@@jacqueslefave4296 > they will collect against THEIR insurance.
Only if your insurance company thinks it is worth the effort, and then, only if they can prove it. Since any company (or person) can simply ignore any contact from an outside insurance company, they will never get the proof they need. And, unless the damage is 50k or more, it's not worth going to court over.
Now sure, you can sue the company in civil court, but without any evidence, you will not win...
thank you for sharing
30 years ago, when I started working, my dad told me "remember son, HR is the company's lawyer, not your lawyer". Took probably a decade for it to make sense to me. Everyday i see people in the HR office bitching about something, and I know that as soon as they finish a paper trail will be started to "legally" fire them.
I will say, not every company has scumbag HR. There are maybe 5-10% that are run fairly and honestly. But that number is shockingly low.
God I hate HR, the gate house to be hired and the gatehouse to be fired. What do they actually do? They have so many systems in place that do their job for them and is a field dominated by women. So any complaint against a man is going to get you cannonaded and pilloried into oblivion.
I was a manager. An employee complained to her supervisor that "so and so" was making inappropriate remarks. We spoked to the employee but he continued to say silly things. She made this complaint several times and then asked what we were doing about it. So we went to HR and the employee making silly inappropriate remarks was fired. So now the women was complaining she didn't want him fired. We said what did you expect, if you complain repeatedly and we do nothing, that leaves us open to a lawsuit. The comments were pretty mild, it was a 70 old man saying so and so had a big butt. Even though I thought the comments were innocous, we live in a different era. So the girl who made the complaint was ostracized by other staff, every one was afraid to have lunch with her or any idle chatter because they might say the wrong thing. The women left the company after a year. I've seen this scenario play out several times. When people complain they are often saying more about themselves than others.
@@ppumpkin3282 People act like going to HR (or to a supervisor) is the first step in conflict resolution. It should be the last. 99 times out of 100, if the person would have just told the other to "stop" the whole thing would have been squashed. At least that's been my experience.
@@ghettostreamlabs5724 this is how I am. I try to stop an issue from blowing up beforehand rather than involving higher ups. But not everyone sees it that way.
I’m not going to waste a lot of effort typing a response. They all suck and could care less about employees.
Can confirm. During my mid-to-high-level security career, I witnessed two CEOs repeatedly cutting the conversation short: "How much is it gonna cost to make this go away? If it's ~50K, let's just do it. If it's ~100K, let's gather up evidence and make a court case." He didn't care about the details or behaviors or persons involved; he didn't even particularly care if the decision boomeranged back on him in a few years, because he'd be out of the job by then. Gotta believe most of the corporate machine feels similarly.
i like this guy. he doesn't bullshit you.
It's on the cover. Companies... shareholders... pecuniary interests... Employees just fall for it because we're human, and expect a human response to a human situation. It's a machine.
@@jeremykothe2847 Good way to think of it!
Those CEOs must have been Psychopaths
Even worse when it involves safety and deaths....seen them all covered up by CEO and HR
I was young and naive, got laid off from my first job after asking for a raise. I'd previously stated my discontent about the salary (and talked positively about everything else) many times during the company's monthly "check ins" with HR. I talked to my manager about working towards getting a promotion and he said he thought I was ready for the new role, told me he'd pass word upstairs to get me said promotion. They gave me more responsibilities which I diligently accomplished, then called me up to HR one day.
I was prepared for a "Hey man, no promotion yet sadly but keep working hard!" or something along those lines, instead I was met with a termination due to "a lack of compromise" they said had been constantly reported to me (a blatant lie, given that every single one of my reviews with my manager were positive) with the company's projects. When I defended myself (backed up by my manager), I was then told someone had complained about me not coming to work once, which also never happened. Lastly they said I just wasn't good enough to complete my tasks on time and adviced me against pursuing legal action by saying "you could try, but we've got a whole legal team ready to work :)".
Honestly traumatizing, I even had nightmares related to the lay off. There were but a handful of layoffs in the company's history and I was one of them. I felt betrayed, useless and powerless, even considered a career change altogether. A couple months later I got a job that paid literally 5 times what I made there, so I can say now it helped me grow professionally, but at the time it was terrible for my self esteem.
Similar experience with HR it’s totally weaponized and it’s disgusting
Similar experience. It’s soul sucking!!
The company fired a friend of mine and the same day brought me in and shared she wasn’t fired due to her work but her attitude. She later sued. Then I was targeted despite saving the company a million dollars during this time. I was fired for not being detail oriented and when I got home in the mail was a letter from the same person who fired me congratulating me for being so detail oriented and giving me a raise.
Jesus one does not simply take that much irony at once....
You were fired but not fired? What the...
I was fired for "not being a cultural fit" after 3 years of being a cultural fit. I knew the case must be baloney and before signing anything I brought in a lawyer. He convinced me that this game was dirty and let's just aim for a high compensation.
@@guilhermehx7159 the letter was probably written before someone went behind her and fired her abruptly. She was going to receive a raise if that hadn't happened
This in my opinion is what happens when gossip is not taken seriously as a means for slandering.
People would be shocked and appalled how many genuine whistleblowers are fired
After quitting Weedzl--aka Wanzl/Technibilt, Newton, NC--I got a bad report about my attendance gas-lighting me as the problem when, as they know, I'd already quit. They have a whistleblower system, that is, if you're an idiot clueless to how the world really works.
I am an idiot clueless to how the world really works...how to undo...
I work for an American company in the UK (an acquisition). I used the whistleblower line and they responded that it could not be followed-up because of GDPR. I was reporting financial irregularities.
Sometimes whistle-blowers get fired at... So sad, but real talk.😂
HR told me that my department was being reorganized and that my job had been eliminated. So, I went to my colleagues and asked about the new structure for the department. They had no idea what I meant. Only "I" was being reorganized. Why? Department manager had been blame-shifting all screw-ups onto me. I was the "fall guy". Welcome to the Rat Race!
This is crazy. I had a situation that traumatized me. The company kept trying to write me up for things that never happened. It felt like I was in the twilight zone. Each time I’d submit documentation proving the allegation false. They’d take it out of my personal file and then claim something else. This ordeal went on for almost a year and made me so anxious I was having panic attacks. They eventually offered me a settlement if I’d agree to resign. I still don’t know what I did that made me a target. Now, I’m completely terrified at the thought of going back into the work world. I think it’s because I don’t know what I did or how to avoid having this happen again. I feel thankful to see this video because I didn’t know how common this is. I’m such a genuine person and I really just wanted to do a good job. It was devastating to be treated that way. I’ll never be the same.
Bro, you were obviously targeted by the minions. Being a genuine person and a good worker scares the shit of all the other workers (who are not genuine nor great workers). My advice? "Give the most of you to achieve the bare minimum people expect from you". Now don't be a pussy and go to work! Good workers are hard to come by and sooner or later they will eventually be recognized. Good luck 🤞
Some companies look for shitty people. They did you a favor.
White male?
Or how about male over 50
Praying for you to be the person you were before all of this 🙏
Years ago I was working for a company as their logistics manager. Was with them for over 3 years and never had any issues. Things feel apart for me due to personal issues and I was feeling severely depressed. My parents noticed something was wrong so decided to call the police to do a welfare check on me. Unfortunately the time the cops decided to check on me was during work times. Obviously I wasn't at my house so they visited me at work to inform they would be taking me to the hospital for my safety. I pleaded with them not to take me as I knew I would lose my job over this. My boss and his wife ran the company and although I had no personal ill feelings towards them, I simply didn't trust them when they told me "please go, we want you to get help." I had the feeling for awhile they wanted to merge my postion with another workers role to save some money of course. The cops informed me that there's no way my boss would fire me and I either went with them peacefully or I'll get pepper sprayed and taken in handcuffs.
After a night in the hospital and getting checked over etc, I went home and rang work to inform them I'm fine and I'll be back to work soon. Only to be told "no, we don't want you back."
Sure enough when I received my termination notice in the mail the company lied and stated they wrote me up for several issues in my workplace and gave me multiple verbal warnings that I ignored.
Wish I sued them for unfair dismissal.
Mommy and daddy sound like narcs...
I'm from Canada. What is your advice? Same here being bullied, mobbed, gaslighting, harassed at the hospital for over 12 years. I've happened to be the top worker for 38 years and have never been suspended. These bullies are jealous and miserable people. Union, manager, HR and the police are all totally useless. Bullies are lazy bums and stupid managers are scared of the bullies. They say about me I'm crazy, I drink, I'm a stalker all bs defamation of character. The biggest mistake since they removed disciplinary measures. They should arrest the bullies and fire the manager. Action speaks louder than nasty words. It destroyed my reputation. I will never quit to make these lazy bums ever win. If I decide to transfer to another hospital and may start mobbing me once again, I don't know all the new managers etc. like in every department like now. So best to not change hospitals. I will never let bullies try to control me from quitting. Never let these low life lazy bums win ever win.;;
Your parents are the epitome of evil.
Your parents sound like assholes... I'm sorry this happened to you 😔
That’s an absurd story.
Yep. Going back to 2003, I was fired from a job because I submitted a complaint against a verbally abusive coworker. Even in that discussion with my management and HR, they said that letter I submitted was one of the reasons I was being terminated. Pretty awful, but I was too young at the time to realize I had rights.
You will find better employment. I have discovered injustices in the health care field believe it or not. They deal with your lives and this does not move these perpetrators.
Same
Sounds like Walmart lol
Was in the corporate world for 20years. Stumbled onto your video and agree 100% One learns really quick that HR is only there to protect the company and doesn't care about the employee.
My company launched an ethics investigation into me after I put Christian on my LinkedIn profile. They were going to fire me, but I said I wanted an attorney to represent my best interests. They said I was violating my employment agreement by "Not Fully Cooperating with the investigation". I said that's not what I said. I said that I'm willing to cooperate fully with the investigation, but with my attorney present. They got pissed. I have no doubt that I was supposed to be fired that day, but because I said I wanted an attorney present for the investigation, I'm on paid suspension. They email me everyday for my attorney's contact info
I can honestly say the rise of corporate HR departments has been a bane to our country's healthcare workers and huge contributor to why MANY highly skill and capable healthcare workers are no longer in the industry. It's a HUGE problem nationwide.
Facts! Im dealing with that right now.
I would say that goes equally with engineers and construction workers as well.
These " people" think that if a person, who doesn't necessarily interact with you the way you want them to, is somehow incompetent or not qualified.
@@jeffshackleford3152 I think what it all boils down to are the business models being taught throughout the country right now. They are outdated models which do not account the realities of labor in the year 2023. The boomer generation is retired or retiring - they didn't have enough kids to fill their shoes. Gen Xers are now the "lead generation" and we are done being exploited and expect to be treated like humans and not liabilities. HR departments were contrived 20 years ago when realities were very different.
My answer to all this mess has been to get an agent and do contract work - probably the way to go in your industry as well. It amazes me how the same HR departments who want to screw me as employee will turn around and throw big money at me as a contractor.
So much of what HR does is a head game frankly - they are at the level of used car salesmen in my view in that they want you to believe and buy into ideas that simply are not true. Examples include - "there are several other good applicants we are considering" (other people will buy this car you better act fast) or "your compensation expectations are not in line with the market" (your trade in isn't worth that in this market region). It's all smoke a mirrors hogwash frankly. So when they act like you are from another planet it's them who have been living on Mars.
@@toddashley407 I agree.
I totally call them out on that " your compensation is not realistic".
I usually drop the " well your competitor is willing to pay that"
I'm from Canada. What is your advice? Same here being bullied, mobbed, gaslighting, harassed at the hospital for over 12 years. I've happened to be the top worker for 38 years and have never been suspended. These bullies are jealous and miserable people. Union, manager, HR and the police are all totally useless. Bullies are lazy bums and stupid managers are scared of the bullies. They say about me I'm crazy, I drink, I'm a stalker all bs defamation of character. The biggest mistake since they removed disciplinary measures. They should arrest the bullies and fire the manager. Action speaks louder than nasty words. It destroyed my reputation. I will never quit to make these lazy bums ever win. If I decide to transfer to another hospital and may start mobbing me once again, I don't know all the new managers etc. like in every department like now. So best to not change hospitals. I will never let bullies try to control me from quitting. Never let these low life lazy bums win ever win.hh
I haven't been fired (yet), but I lost my promotion because I spoke out against illegal behavior at work. Of course, HR's line is that I was disrespectful and it's not that they're silencing me, it's just that if I speak up in a meeting again I will be let go.
HR in general are lying and useless. One of my favourites is when they tell you that they like employees to not to accumulate too much leave because it's in employees' interest to have time off. It's BS of course, they just don't like having a big leave liability on the books. What's worst is the insult to your intelligence - they actually think people buy their BS.
Well the company can just make a policy that if you don't use it, you lose it. Then its your problem.
@@ppumpkin3282 nope they cannot, thats illegal under employment laws in most countries
Company I work for changed their policy to you have to use a balance if you have it and they made me use my sick and vacation time when I was out with Covid. They gave me 40 hours but I was told not to come back to work after I got a negative test which I did not get until 10th day. I was so pissed I read the entire Covid relief bill for California (which allows 80 hours) and called the labor commissions department twice. They still lied to my face and acted like I was stupid. They’re excuse was laughable. Then I told them I was going to file a wage claim if nothing was done. They gave me the extra Covid pay but made sure I knew that I was not eligible for it…. and for the cherry on top, they told me I actually wasn’t eligible for any Covid pay at all. they just gave it to me because they want me to be happy 🥴
@@elaineshaw7687 .... geez idk how you can work under such terms... no such BS in EU or they get fined by the state into oblivion.
Don't be fooled about smart people being fooled. HR hacks are, like cops, clever and experienced in one way: they are trained to expertly manipulate you, seduce and betray you, and hang you with your own words. Even smart people can get scammed.
Many employers will try to fire you if you even ask too many questions regarding your rights and benefits. They might even say something like "looks like you care more about yourself rather than the wealth of the company". But they can't use it as a legal reason to fire you so they will just exaggerate any minor mistake made by you to eventually have a "legit" reason to fire you.
Bravo, and again, bravo! I'm pushing 60, and I'm not wet behind the ears, certainly... but I can't tell you how many times I fell for these tricks over the course of my career. I thank you for exposing the Dark Arts of Human Resources. I wish I had learned from an experienced lawyer like yourself before I was repeatedly edged into one oncoming bus after another, all the while believing - naively as it turned out - that I was taking the high road and relying on my employer's professional ethics and - ha ha ha, sense of decency. You are doing an invaluable service especially to young, eager up-and-comers who are but babes in the woods that are crawling with wolves in sheep's clothing (forgive the mixed metaphors!). Instant "Subscribe."
I've been through HR B.S. and it absolutely traumatizing. It may have cost me my marriage, but that's history. It's sickening how companies use the law to deceive and control their employees.
How did it cost you your marriage?
@@jqyhlmnp I would imagine it has to do with the Stress caused by dealing with bad HR, worrying about income, employment and so on. Not to suggest zero other factors, but adding additional outside stresses to anything can cause it to fall apart.
@@crashtiansClips I agree. I’m surprised some people ask these ignorant questions. I bet he’s HR? 😆 I mean it’s normal to have difficult time on a relationship when you’re put through hell. It’s pretty traumatizing to be lied to like they lie to you that you were all of these horrible things you’re not. That alone can be pretty daunting. Risk of losing an income and economically affecting you on top of that, yeah most people can logically see it’s very stressful time. Yet some ignorant asks these questions…
@@KittenBowl1 If that's all it took to cause a divorce, then it's a blessing in disguise and you dropped dead weight. Marriage is a commitment to stick with each other through the best and absolutely worst times in life. If this causes them to leave the marriage, then good riddance. It will hurt and suck, but it's for the best over the long run.
What you said about pretext is key. I was fired bc after 3 yrs being sexually harrassed and sexually manipulated by an administrator i vented to HR. They used my medical history to fire me I got a lawyer so then made false allegations that I had a gun. The lawyer sued them for defamation and won...
How much money did you win?
It like 200% is not illegal to have a gun.
Employers did not write the Constitution with the 2A provision. At least here in the US.
In every job I've ever had, I've brought up reasonable concerns, and then later on in my review get labeled as having a "bad attitude" specifically so if they need to fire me for calling them on their BS, it's on record that I have a bad attitude and that means I'm not a good fit for the company.
I'm learning to advocate for myself better, so if I hear it again in my next review, I'm going to ask for specific examples of how I had a poor attitude and ask them if they can offer ideas on how to overcome it, because I know they'll be stumped and have to juggle a bunch of words for an answer.
If you're finding things to complain about in literally every job, you do have a bad attitude.
Or, and just a thought here, working conditions for those in low paying positions is simply not great anywhere you go. Poor conditions breed bad attitudes. Poor pay breeds bad attitude. Being treated poorly by those above you breeds bad attitudes. Create a better working environment and bad attitudes will go away. Listen to people when they have a legitimate concern and you won't be met with a bad attitude in return.@@user-hm9is5ke9i
Heck yeah. They like generalizations when it suits them.
Take in a WITNESS it is within your Rights!!!!
@user-hm9is5ke9i what drugs are you on today!
My supervisor at a prior job didn't like how popular I had become with coworkers and management. My growing list of responsibilities rivaled hers at around year 5, but my salary raises dropped from 4% to 0.5%. As soon as I saw "poor attitude" in my annual review and got blamed by her for a money loss mistake she had in fact made I applied to several jobs a day until I got out on my own terms. The HR narrative had been woven.
I retired a year and a half ago and a very glad I don't have to put up with this kind of stuff anymore. But I never had to put up with it in the first place. I just changed companies if something got stupid.
I've never taken the muffy Buffy's in HR seriously. It's a comedy show. But I will say this, for those in their twenties your videos are a huge help. You're showing them what I didn't realize until my 30s.
I don't have this sort of story for myself, but I have one for my fiancee. She used to work for a hospital doing phlebotomy (i.e. drawing blood). She suffered from severe sleep apnea AND an allergy to latex (which they refused to accommodate, a whole separate issue). One day, the combination hit her hard enough that she fell asleep at work. She was fired immediately, and they fabricated an entire chain of "written warnings" to cover up she was fired for blatantly illegal reasons (because of a known medical disability, a direct violation of the ADA). She fought this and got unemployment. But it didn't end there. A year AFTER her unemployment finished, *they came back* and tried to have the unemployment retroactively reversed to bankrupt her. She had to retain a lawyer and fought that case with her doctors in court. It was the worst possible circumstance, because if she won, she got nothing, but if she LOST, she'd owe thousands upon thousands of dollars. Her family paid for her lawyer for the one hearing this took.
She won the case. Their attempt to bankrupt her was denied with prejudice. She TRIED to go after their asses for wrongful termination and legal harassment, but there just wasn't enough direct evidence so it wasn't pursued. She learned something, though, about how malign HR departments can really be.
Thanks for sharing this distressing story. I'm glad she fought the hard fight and won.
@@asingleton8295 When you're backed into a corner like that, you fight for your life, and you call every single ally you have to fight with you. She won and made the HR department and management at North Shore look like the scumbags they were. They retaliated and failed again. It led her to leave phlebotomy altogether and start a new, highly successful career with the telecoms.
My son was recently terminated from his job and he felt completely blindsided! The first video may explain why he's given up looking for an Attorney, and how this major grocery chain has been able to get away with lies, harassment, and wrongful terminations. I'll let him know about your firm as we are in California...
@Abu Kamara not in LA County
I once worked in healthcare (insurance) and was fired for not clearing my 6 months probation (India). But just before I left, one of my seniors was surprised because quarterly reports came in and I was the only one in the team who got Green audit (100% error free).
But thankfully, I am happy they let me go as I am now working in a better paid and better job environment. God's plan.
The environment where I work now is such that I play Table Tennis or other games with the HRs, Facility manger, wfm during break hours and everyone is so friendly.
One of my friends who unfortunately passed away, was on leave for a year due to health complication and when he came back, he was again given training with the ongoing batch and was accepted to continue working again.
This is the wonderful company I am working with now.
I am glad things turned out well but wtf, God's plan? So what is God's plan for murdered children and raped women then?
Everything is not the plan of God. For some, struggle comes so that we can cross that difficulties and become better. It's testing your strength sometime.
@@dangkamnbung.....zeliangro7151 And how can murdered children and raped women do it better? Religion is disgusting.
I don't know who said murdering is rape is a good thing. I hope I did not say that. 😀
There is no plan and life is not a school or a test. We are here to live, try to reproduce, and die. Life is not fair. So many babies, animal or otherwise, pop out of the womb only to die of some deformation or be eaten by a predator. Life just is. There is no reason. Glad you found a better job!
speaking to HR is like speaking to a detective that thinks you are the main suspect.
anything can and will be used against you, so act accordingly.
Please make a video on misclassification! I’ve seen this happen in real life and was astonished at how exploitative it was. There’s no such thing as a salaried lab technician-that is legally nonexempt work (if more than 50% of your time is hands-on lab work) and there are a lot of young people in Silicon Valley and the Bay Area getting screwed by this.
I was a senior maintenance tech at a major shoe retailer warehouse for 9 years, and the stuff that I witnessed in that 9 years with the treatment of the workers is nothing short of appalling. Management had no ethics, morals or integrity. They were just plain maggots. How they could look at themselves in the mirror is a mystery. After quitting, I still will not buy shoes from them and that was back in 2007. That Management is almost as bad as the Federal government's Management . The government is the worst
I'm really glad (and grateful) to have found your channel; people are always shocked when I tell them that HR's job is to protect the company FROM the employee, not the other way around. I've only had decent experiences with HR when siding with me happens to be more beneficial to the company than siding against; otherwise, I've had some absolutely nightmarish experiences with HR.
If anyone's job hunting and happens to be reading my comment, I'd like to offer a little warning: If you think working for a small business will protect you from a bad HR rep, be careful! Especially if they try to sucker you in with the "we're all a big family" line. Big corporations obviously have a monetary advantage when it comes to fighting against their employees and will do so if it's advantageous to, but preserving their reputation is likely going to be more important to them because they get so much more publicity (and thus greater monetary consequences) if they screw up in a big way.
On the other hand, small businesses can still hurt you, and some of them will employ some REALLY shady tactics because they're less likely to suffer serious enough consequences to their reputation to hurt them monetarily and, very likely, are either unaware of their employees' rights or think that being a small local business protects them from having to follow the law. Obviously not all small businesses are like this, but it's worth knowing that they CAN be.
Here's my story: HR at the small business I worked at was unbelievably awful and dragged me through absolute HELL... all over, well, nothing really. They instigated a very one-sided conflict and did everything they could to make me miserable there. Full story's too long and I don't really want to get into it, but the important thing is that I wasn't suing them or even complaining about anything; they wanted to make an example out of me, period. No one I know who's had to deal with them has ever had a good experience. I myself ended up with some mild trauma and had to really work hard on learning how to communicate with people again because the abuse I went through was so severe I ended up severely cynical and mistrusting of everyone I interacted with. Even though I had many years of experience working various jobs, it was like starting over from scratch. I had to re-learn basic communication skills because the gaslighting and abuse was so intense at that job, largely because of HR and a few of the managers.
Now, the company I currently work at? They're... well, they're not great. They've done some shady things and have absolutely screwed over coworkers and bosses of mine. But they're a bigger company with several branches and are vastly more concerned with maintaining their public image, so the one time I DID have to deal with their HR rep, the issue I brought up was handled swiftly and fairly because it ended up being in everyone's interest, company included, to do so.
I spent 8 years investigating civil rights complaints, reviewed thousands of HR files, this is great information and spot on. I am thankful for the perspective and insight gained by reviewing all of the bad things that happened to others. I try to use it to help others as a Mediator for the past 3 years.
I love these series and I can easily say that I was a victim of wrongful termination.
couple of years ago I was a lead senior software developer for a utility company which I originally lead the new customer experience products projects. For the first couple years I was highly favored and respected across the IT department til even my managers and Chief technical Officer received promotions over my work and contributions. One day they hired a young 22 year old caucasian girl student from Drexel university. She was inexperienced and didn't have the proper credentials for the position they hired her for.
Rumors began the circulate that she will be my replacement but I didn't believe it because of the impact I had within the company. One day we had a department conference/ banquet at a fancy Hilton Hotel where they spoke about the future of technology and the evolution of the utility industry. During the keynote slide show presentations they began to talk about the reorganization of the department. When they have showed my department they announced that this new college graduate will be leading the team and all my projects. I was so hurt and most of my co-workers was appalled by that decision.
From that day , that shy college girl transformed into a bigoted dictator and she began to look down at me and say little condescending things to me. I realized that the whole time she was studying all my techniques, reading my files, and in close proximity meetings with leadership. She was receiving on the job training to establish her dominance. And lastly I then learned that her dad was the President of the Safety department within this utility company.
Sometime after that things got a lot worst and all of the African Americans began to get pin pointed and laid off within the IT department. I tried to fight and complain to HR. HR launched an investigation and hired an outside investigator to speak to me privately. Eventually nothing was done because there was no proof of any unfair practices and months later when covid came around I was laid off along with 13 of my closes friends.
HR said to me that my position has been eliminated but daddy's little girl still kept her position til this day.
Branigan, a sincere and personal thank you to you. You have helped me immensely with a hostile employer. The biggest way that you have helped me personally was to advise getting a lawyer and secondly by eliminating any misguided belief that the process was fair or in any way legitimate.
Employees need to remember that HR is not their friend. Like he said in the beginning of the video, HR is there to protect the company. Bottom line. However, I was "laid off" from my position years ago. They said that it was due to financial hardship from the company and they are restructuring the department and the employees. Basically removing one person and having the others pick up the slack. Of course I was upset for being laid off. I liked my job a lot. Few months went by and one of the people I worked with that I kept in touch with told me that my old position has been reinstated. So made me wonder if I was laid off or fired and they used the laid off as an excuse. It wasn't worth investigating or pursuing because I had already landed another job within weeks of being laid off.
We just had meetings with our HR department last month to talk about how we feel the company is doing, what we think it can do better etc. At one point the HR rep told me that I should feel free to come speak to him at any time about anything, it’s all confidential. Thankfully it was a Teams meeting and we weren’t on camera. I rolled my eyes and just said thank you. My dad told me when I started working that HR is not your friend. They work for the company and only care about the company, not you. I took that advice and have never trusted them.
Most companies do everything they can to ensure they don't misclassify as it is extraordinarily expensive to have a judgement against you. It an absolute killer and will result in HR folks in any company I have worked at being fired immediately if they mess this up.
This happens in the public sector, not just the private sector. Many years ago, I started a second career as a police officer, in a small town. I was hired to work part-time. In many small towns, the Chief is the HR department.
I had previously been a paramedic for 22 years, and I had a bachelors degree. I had held every position in EMS, from EMT to field supervisor and executive director.
At the time, I also had another part-time police job that I had worked for 2 years. I was well liked on the other job, and there was never a complaint filed against me. I had earned a reputation for fairness, going out of my way to cut breaks where I legally could. I had also been recognized in the local news media for having saved a few lives, on separate occasions.
When I started the second part-time police job, I was well received. I got along with the other officers, and the Chief appreciated that I had good field skills. It was a well funded department with nice gear and facilities, and was a pleasure to work at. During my third year at that job, the Assistant Chief and the Lieutenant both retired, leaving those positions vacant. The civil service commission ran testing for 2 new full time hires, and I scored the top spot. The 2 vacant positions still couldn’t be filled however, as borough rules required those officers to have both a bachelor’s degree and 3 years full time, in the department.
Suddenly, when I was promoted, the workplace became hostile. I was assigned the task of reviewing and updating the master forms file (Chief didn’t believe in having them online). When I threw out a form no one had used in my time there, the Chief “counseled” me on “not being instructed to eliminate a frequently used form” and “how to do the whole project”, neither of which actually happened. I was then put on the 11p to 7a shift, exclusively. When I tried to snooze for a few hours afterward, before going to 9a court, I was written up for sleeping on duty, though it was actually on my own personal time. Finally, the Chief called me into his office, and in front of the 2 most senior patrolmen, told me that my “3 month full-timer probation” was being extended to an additional 6 months, and that he’d be watching me closely, “to see where I’d screw up next”. I saw things were not going to end well, and resigned the next day.
I did not fully realize it at the time, but getting promoted to full-time started a clock running, that had not previously existed, when I was part-time. No other full-time officer in the department had any credits toward a college degree, at all. This meant that in 3 years, I would have qualified for the assistant Chief position, and could have petitioned the civil service commission to put me in that slot. I had the education and would have the requisite time in. The Chief had his own ideas of who he wanted to fill those slots, as they would be the ones to replace him, when he retired.
I’m ok now. That Chief retired, and his boys are now running the department. I started a public safety consulting firm, and am now making more in a month than any of them make in a year.
Damn now that's a comeback
I was laid off and provided with about half a year's salary as severance. The cynic in me always thought they did that because it was cheaper than going to court. That just made me wonder about the real reasons I might have been let go. I was told it was a position elimination.
I didn't think too much of it because I frankly hated that job and this gave me a bit of a cushion to take my time looking for my next one. But still. Part of me thinks I could have taken them for a ride had I decided to sue.
I've never been fired from a job, but I've worked for several construction companies that would encourage employees to commit OSHA violations to get the job done faster. One such company actually had "lookout" guys who would keep to the outer parts of a work site and radio back to other guys if an OSHA inspector was on site.
At the same time the construction company I am at has to constantly fire employees for not following osha, safety and related company policies. Now they quit and walk off job as soon as we sit them down for the osha 10 course claiming they dont need that sh*t.
I would love to see a video on misclassfication and hopefully it covers how piecerate workers and truck drivers are classified as most of the time they are employees but not hourly or salary but are treated more like "on call independent contractors"
I’m working on it. Subscribe and stay tuned.
@@braniganrobertsonlaw thank you and subscribed!
As someone that has never had a job, this is surprisingly fun to watch.
Based Fellow NEET
The whole concept of GOVERNMENT and Law is a mechanism for
manipulation and control of the people of the world.
GOVERNMENTS operate the biggest ponzi scheme ever imagined
and control the people (disciples of the CORPORATE GOVERNMENT religion)
by fear - intimidation and vio-lence.
You are about as FREE as a free range chicken - who can be decapitated and
served on a plate at any tome the master wishes.
The chicken ONLY imagines it is FREE as it has a reasonably large area to
walk around in.
Must be nice
I am actually protected under the disability law and this company continues to push and push
So am l and still
Was discriminated against. Get a lawyer ASAP!
File a complaint with the Civil rights agency on your state!
I just discovered your videos and it is a massive education. It is just mind-blowing how there are so many incompetent scumbags in HR - I live in Canada and the sister of a friend works in that field. She is known to do the most arbitrary, dumbest things, if she was in the United States and got caught, I was told her company could face serious lawsuits.
This is my 2nd video on HR tricks. Has HR ever tried to pull one of these on you? If so, let me know below.
I had trick number 1 and 2 done to me at the same company
Mr Rovertson, please if your can make a video how to properly protect yourself from abusive HR with tactics and other things. I've seen forcing a paper trail whenever dealing with HR absolutely help and fucks them over when they lie in court.
Absolutely agree that Branigan should do a video teaching employees how to be correctly classified ("exempt" vs. "non-exempt") to the best advantage of the *employee*
I wasn't fired but I did have an employer lie to me because they were punks and wanted to give someone else my job. In one case I had gotten a new manager and was denied a promised promotion then transferred to another team under threat of disciplinary action. My role and office were given to an incompetent friend of my new General Manager. All of this happened a couple of months after my year-end performance review which said I walked on water. When I asked for specific and actionable feedback they didn't give any. After I pressed only then did my new boss actually look into my performance in a fishing expedition to justify his actions after the fact. And he brought up supposed bad acts from over a year ago that he didn't even witness, everything he told me contradicted my last performance review. Even if I assumed that the negative feedback was accurate it meant that my previous performance reviews were all lies. I immediately started a job search and gave notice a month later.
The game is rigged. I’ve accepted the lies, dysfunction and self preservation nation that is Corporate America. My only issue is employees are harassed, wrongfully terminated and mistreated all the time. So why is all of this hush hush and put on jobseekers to try to hide/apologize for/explain away in an interview when the truth really was My ex employer mistreated/fostered toxic work culture or out and out lied about your job performance to fire you and hire their friend?
Oh I had an experience during my last job. I was very displeased with how I’d been treated during two night shifts. The supervisors and managers didn’t force enough people to cover the night shifts. During that time of the year to get the night’s work done the team needed four or five people with at least one person signed off on driving in the controlled area of the airport otherwise we’d be forced to end up walking eight to ten miles a night lugging our equipment. With a driver on the team the work could be done but it would be difficult to get it all done by dawn. On this particular night, there were only two of us and I hadn’t been cleared to drive airside yet. Impossible to do all the work between us on foot. My colleague just gave up and walked out. Went home claiming he was unwell-clearly a lie that me and two other colleagues in a different department (we shared the same break room) saw through it and put it in writing. I didn’t go home. I went out into the night and I did what I could and everyone understood it was impossible to do all of it.
But when I came in for my shift on the second night I was astonished to discover that I was alone again and that despite having 24 hours available to plan for it, the supervisors and management hadn’t managed to get even one person to come in and help me. They didn’t do their duty and come in to cover it themselves either. To add insult to injury they’d hired another company that did the same job for other airlines to operate the specialist equipment that as an employee with barely three months under my belt, I hadn’t been trained to use yet. But still, like any good employee I went out and did what I could though I admit I put way less effort into it this time because I felt like I was being exploited. The first night, sure there wasn’t enough staff assigned to do a few nights but nobody could predict my colleague would just walk out like that but the second night they had time to arrange help or come in themselves.
So of course I complained and HR got involved. I suppose I already had a black mark on my name because I’d complained about a supervisor that frequently lost his temper and scolded me out in the open in front of the other team members, even accusing me of “being in a huff” on facial expression alone-which was baffling because anger was not the emotion I was feeling at those times and I wasn’t disobedient or insubordinate. But yeah I knew something was very wrong when I attended that meeting with the HR manager who flipped the script and made the meeting about my supposed flaws. She even included some of those events that had been resolved two months ago that I’d mostly forgotten. That’s when I realised that something was very, very wrong. There are actually quite a few other issues too, but those details are unnecessary here. So I developed a contingency plan-negotiating employment with that other company I mentioned and I’m so glad that I did. Another notable red flag was that the colleague who walked out and pretended to be ill wasn’t punished or dealt with.
So yeah sometimes you just gotta cut your losses.
@@mikoto7693 sounds like you did the best you could under poor circumstances. And you were being held accountable for doing the workload of 3 to 4 people. Glad you got out of that toxicity.
Love it. Happy to hear someone who have the balls to stand up for the little guy.
I just filed my case in NY. One HR rep early on told me not to worry because he would investigate retaliation "as defined under all state local and federal laws." The (3rd party) investigator who ended up investigating my complaint clarified that she was only investigating violations of company policy. Retaliation not being defined in the company policy, I asked her what this even meant. "The common understanding" she replied, as if I had no common sense.
In other words, she's trying to be as vague as possible because she doesn't know what they can get you for just yet.
@@joyphillips1821 maybe. They have nothing on me though. I think it's just easy to say there's no evidence of retaliation, when an investigation is limited in scope to a policy in which retaliation is not defined. How could there be, unless someone said "as retaliation, youre demoted." Probably that's the reason it is not defined in the policy in the first place.
when you interact with HR or anyone workingt with your companys HR never take vocal conversations unless recorded. Write emails and leave a paper trail. 9/10 they'll slip up and lie and the paper trail will fuck them over big time.
As a small business owner, this is terrifying. A disgruntled employee can ruin decades of work. His advice is good from an employee perspective and helpful to understand, but what frustrates me is that there are employees who agree say one thing in interviews and during the hiring process and then the true person comes out. Those are the ones that become toxic and also the ones to cry racism, sexism or whatever ism that may apply to extract compensation.
I worked for a company in NY that hired me as a nurse manager. My first job after school graduation. I didn’t have a salary, and wasn’t paid for overtime. So I would work 10-11 hours a day and get paid for only 7.5 hours for a total of 35 hours. When they did pay for extra hours, it was just at the normal rate. I quit after 8 months broke and frustrated. But they made quite some money out of me.
He is back !! Employment law is a huge issue in all states.. please keep positing videos
This is one of the most enlightening videos I've ever seen. Your the best! I watched the first episode of this series also. I will share when I can. Thank you so much. May you continue to be empowered to preform all your endeavors.
Mr Robertson from one attorney to another, I must say you are doing the work of the Lord! Great job
Sooo important that people realize that HR is there to protect the company first. Same with the company legal team.
This gentleman is 100% right! Sadly I found all this out BEFORE seeing this video. I was so frustrated with my employer I was willing to go through it anyways. I thought the law was a little closer to being fair. I was sorely mistaken and soon was laid off. Soon after, they hired a new batch of people. So I know for a fact they wrongfully terminated me.
Half my team was eliminated at one of my previous jobs. All the people that were let go had been there the longest & made the most. All of our positions were listed on their site again within a week.
Can't prove they were just trying to get cheaper labor, but I suspect that's what was going on.
Nothing illegal about paying less. But if when they do it results age discrimination you have a legal case. My company tended to lay off the oldest, but they had a severance agreement that was based on years of service. So you could get a two year free salary, but you had to sign an agreement not to sue the company, if you didn't sign the severance agreement, then you would have to sue them, and hope you win, but that could take years, and the lawyer would get a cut, so I just took the two years in severance pay.
Yes, the audience would love a video on misclassification.
As a person who is newly starting their career this video was truly insightful. Thank you!
One time I was lied to by human resources. I was fired for improperly following my schedule. The reason I know this was a lie is due to how long it took for management to take action. The truth of the matter was my girlfriend at the time was fired for misconduct because she was most definitely ripping off the employer. While I had no idea I found I was treated a bit differently after her termination. But I also tend to be a an excellent employee.
Upper management needed me to train their lower management staff on using the computer systems and scheduled me to align with the schedules of the people I trained. After that task was complete I was let go for "ignoring the generated schedules and choosing to work random hours." My exit paperwork reflected that I was not disqualified from future employment.
It was a shit job and a long time ago. Being older and wiser now, I think this is actually something I can reflect on and realize I should have probably hired an attorney over. Maybe someone can learn from my experience.
make paper trails man.
reminds me of my coworker story. he was ask to come to the hr to talk about his employment. they want him to quit on his own and lied about he can get unemployment if he quits. i said bro u cant quit if you voluntary quit. let them fire you and ever since then they never ask him about it. and he still working today lol
I'm very happy they're coming out this kind of informative content, great job!
From my experience with HR, its been mostly stuff that happens right after you are offered the job and you want to ask a pile of questions and negotiate, but they give you very little time and are slow responding to emails or they don't respond at all and they give you 24 hours to accept the offer. Basically, no time to negotiate. Then you accept, and you find out the truth. I'm in international education, and so mostly its the Principals that you deal with and they don't say much about the positions and you are made to feel special that you are being offered the position.
I think I just fell for that trick. I was trying to compare benefits before accepting a position and was told to call the HR lady. I tried but she never answered her phone and never returned a call when I left a message. I am accepting the offer but if things aren't what they implied they are, they will see me walk out that door as fast as I walked in.
I don't really ask questions. If I like the pay I work if not I ghost once I find a better job. 🤔
So how did it go with the job?@@leehamilton4459
I wish I could write something down, but I am genuinely concerned about the consequences.
What I can say, however, is that never again will I trust a representative from a People and Culture team.
One thing is to protect the company, another one is to not care at all about you. Those people are a disgrace and do not deserve empathy at all.
They hire people to scour the Web for interlopers and the people who do so know they don't have a real job.
Classification happened at my first workplace. They purposely classified certain people as salary because they were the ones sent to conventions or other events. They could force these people to go on the road for several days and not compensate them fairly. This is why unions are important.
Yes, please make a video about “exempt” vs. “non-exempt” employees. Thanks.
Union vs Non Union basically
@Adam Hill how is exempt vs. non-exempt similar to union vs. non-union? Some companies operate without unions and have exempt and non-exempt employees on their payroll.
I once worked at a trucking company and didn't do the basic due diligence required such as retaining my evaluations and hr documents.
So after sleeping on the office floor to get work down and having to enforce rules such as "as a manager you're not allowed to sign off on extra pay." So because of the environment my coworkers soon turned on me. It started with the girl I was training having VPN issues and so I texted her how to log into the system. HR dragged me in I was like this is rediculous then showed him the texts cause their was nothing inappropriate. Then from there I knew someone was trying to get me fired cause the reports sorta increased but usually for stuff that wasn't wrong like bracing yourself on someone's chair while pointing at a computer screen or pointing out to human resources they needed a copy of a check for a routing number instead of writting one down.
Anyway I got fired and the same thing happened. It started off as termination for 'xinappropriateness' then during some kangaroo court with unemployment that termination turned into 'sexual harassment'. I was so ashame of myself although like everyone I didn't do such a thing even saying you were accused of that stuff come off as an admission of guilt. I lost all the trust I had in people. I spent years pushing people away due to lack of trust. The unemployment person even pointed out that any of the behaviors constituted SH but they still sided with the company. I lost trust in authority I would in a heartbeat vote against unemployment taxes if I had the chance. I will probably never apply for it again.
We need a video about "How Employees cheat HR" for research purpose of course.
You cant cheat HR, HR has nothing to give. You can cheat the company though.
Wow, I wish I had known all this years ago. Thankyou for doing what you do. I have numerous horror stories.
Another terrific presentation! I would like for you to keep making these videos
We had a "tolerance" meeting and all the "minorities" started to bully me and when I went to HR to suggest another tolerance meeting, they fired me.
HR is filled with minorities and pronouns that's why
What were they doing? Catering to non whites only emboldens them.
Scott Adams was right to refer to this department as "Inhuman Resources"
Human Rejects.
As always…..great video with informative, enlightening content. Please, please make the video on classification as this is something I’ve been wondering about given the ridiculously long hours I’m putting in. I always think how much better my bank account might look if I were an hourly employee!
I will try to get to it in the near future. Here is an outdated and poorly edited one that I made five years ago. But it is still informative. ruclips.net/video/olNZoRRFXIo/видео.html
Please do a video on misclassification! These videos are great! Thank you so much!
Branigan, thank you very sharing your insight. Please make the misclassification video.
I really appreciate how you end the video saying that not all HR people are like this - I'm one of them! My primary responsibility, as I see it, is to help people. In order to do that, the biggest hurdle I face is earning trust, thanks in large part to all the awful HR people you talk about in these videos. Given how hard it is to earn, I do everything I can to avoid engaging in any behavior, no matter how minor, that would dismantle that trust. Thank you for educating people on the things to look out for but also for calling out that it's not a guarantee that HR will act this way. I'd love to see a video on signs to look for that you have a trustworthy, employee-focused HR department at your company!
It is rare - however one sometimes finds a few good men among the many.
Now the question is - Do you actually understand what I just wrote -
and can you explain how it is correct.
If you cannot explain it - then your understanding and knowledge is limited
by the social indoctrination you underwent - and do not realize it.
and will cause you to enter into a gender political debate.
The answer is hidden in front of your eyes - if you have the eyes to see it.
Are you in HR? Then I won't believe you. No more questions, Judge.
It is also important for you, even if you are not a lawyer, to have some idea of your labor rights in your state, municipality, or city. For instance, some cites have fair workweek laws that require 72 hours' notification if your hours are being cut if you are hourly New York San Francisco and Seattle have such laws on their books.
I’m a college professor and I’m so tired of companies taking advantage of employees. I teach this to my students as part of their leadership course. I wish someone world have been transparent with me when I was their age. This is what new graduates need to know.
it's so intetesting how universal are those tricks. i live in a country where HR feels free to replace workers whenever they want because there are a lot of people looking for a job no matter what. but as well, i'm glad to work in a company with actual HR that is interested in care of their employees, at the point that you think twice before resigning, and/or they try to negociate with you if you want to resign from your job
Does the law make employees give same notice if they are quitting? If not then that is not equality. My state embraces equality. you can quit without notice and fire without notice. I would support a 2 week mandate from either party though.
I was fired for "taking too long to complete a project.". In my bosses office, with a witness, he admitted that the main delay during this project was not my fault, we got the wrong product from the supplier and had to send it back and wait for a replacement. Regardless they claimed I took way too long and they could have just hired an outside consultant to do it for less than they paid me. Which was laughable, they were paying me like $16/hour and would have paid at least $80/hour for someone else to do it. Even with the best guy on the world there's no way that turns into a cheaper solution.
And the kicker, this was an accounting firm and my boss was one of the partners. My response to his reasoning was "I thought accountants were supposed to be good at math".
I've also been a victim of misclassification. That ended up in my favor, but it was a couple years later after a class action lawsuit. So yeah, even if you have a good case you won't see the money any time soon. It's a rigged game and your only play is to develop a high value skill set and keep one eye on the job market at all times.
I was fired for complaining about my manager for harassment. And also complaining about other shift leader’s harassment. They also didn’t like the fact I would stand up for myself when I was harassed. There was an incident that I didn’t have running water at home and my boss said I needed to be there and shower in the bathroom. I was also made to pay for things out of pocket
Not only that things changed and word was that I was treating other employees bad. I guess it was coming to the point to where I was going to hit them. I was suspended and of course went back only to receive my last wages. Not even a legal check. It was a copy of my working hours and got cash.
Yes please make a video on misclassification
So, I was fired a long time ago and I was asked to sign my final write-up, which I agreed was accurate to an extent. I was escorted out of the office and went home to start preparing for my unemployment. They were taking too long, and I contacted them to see what was going on. Turns out, my manager decided to hand write a few things that I did not know about. Luckily, I had a copy of my termination papers & when I informed the unemployment office, they were able to rectify the problem...in the end I got all the checks that I deserved., plus back pay! It's sad really! I moved on to bigger and better things...but I learned a big lesson!
Please make a video on misclassification. Is it better to work hourly or full time for IT workers?
It workers are not eligible for overtime by law compared to other professionals. You can thank software companies for this
Are you exempt or non-exempt? In other words, are you in a senior manager position or not? Also, is your company a federal contractor? Reach out to law office for proper consultation. Their rates are worth it to you if you're getting ready to negotiate your salary.
If you're not in a management position, you should be paid hourly. If your manager requests you work overtime, make sure to get and save the written request. Don't rely on verbal only requests so follow up verbal requests by email referencing the verbal request and externally save all the replies to your email. Never work overtime without first getting your manager's written request or permission, unless you're happy to volunteer your unpaid hours. Never presume you can independently decide to work overtime upfront to later get off work early unless it's explicitly allowed in your employment handbook. Your unauthorized overtime hours will go unpaid most likely and you could get written up for violating the policy if you try and clock these hours in the system. Hope this helps.
@@timothygibney159 If they're not in a management position, and their manager requested the overtime work in writing, they are entitled to overtime pay. Employees can't independently decide to clock in overtime hours without prior authorization. IT personnel that also has a management position can be classified as exempt and they are salaried with no overtime pay. In this case they most likely have annual or quarterly bonuses and profit sharing.
@@fd4511 I work in information technology and worked 60 hours a week for years with no overtime because of corruption I am exempt. Other departments got overtime just not me by law. No overtime. Bush signed into the law the overtime requirements to make Microsoft and Oracle happy to import slave labor
In part one, you said something that is key:
"No legal requirement for HR to be truthful"
What are government and corporations going to do about this?
Always nothing as the gvts themselves are largely immoral not immortal as they assume.
The issue is not also whether it is legal or not but it also reflects what kind of character the person behind that HR position is.
Yes, please make a video on misclassificaiton.
Yes, please make a video about Misclasifation. Really need to view this ASAP. Thanks
Before I was put on PIP and consequently was fired with the bogus reason of “poor performance” (which wasn’t the case, in fact), I was asked to join a one-day camping by the new boss (which was organized for only 6 people which made it look very unusual to me). This is when I realized the new boss was digging under me and was in lookout for both lawful and unlawful reason to get rid of me 😂 sometimes I wonder, was it smart to join... Back then I thought I had nothing to hide and could act impeccable.
Still kinda don’t know what’s the real reason he couldn’t stand me, thou.
I had complained to HR and to the General Manager about my supervisor treating me very different for being a conservative christian. Even had documentation of many christian jokes during the department morning meetings.
They hired a third party "Unbiased" lawyer (Who worked for the 9th circuit) and after she did her "Unbiased" investigation, she concluded that my supervisor was telling the truth about not saying those jokes or treating me very differently. She told me that I do not have a case in Washington state. I told her that I agree that may be true, and that it would have to go to the Supreme court. We had a meeting at the end of the investigation, and HR and the General Manager said to me in a meeting, "His truth is not your truth".
Now I am treated even worse than before. I simply keep documenting everything.
I'm sorry to hear that. Unfortunately, it's a very common story. And it affects all walks of life. Some companies dislike conservatives. Some dislike liberals. Some dislike people because of race. Some dislike because of religion. It all depends. The laws try to level the playing field, but its like putting a band-aid on a gunshot wound. It only helps a few lucky people.
@@braniganrobertsonlaw agreed! Plan A: keep my union job for 3 more years for a partial retirement, and escape to Florida. Served my country in the elite 75th Rangers, and a lot of buddies are there telling me to pack the family up and move.
Thanks for all of your great videos Branigan! They have been a lifesaver for me.
@@GeorgeCrabb Yeah freedom is not free in Washington. No way you should have to serve your country twice...lol Bunch of sweater vest, flannel wearing communists, at least in the areas where jobs exist.
@@GeorgeCrabb I moved from crap hole NM to Florida last year. It's great living back in the real USA.
Your series of videos are simply amazing and they are still applicable to countries other than the US because HR behavior is similar worldwide
Best Legal videos on RUclips. Even if you're not in CA, the concepts generally still apply.
We live in a immoral society. What goes around comes around for every person that does no matter what for a salary. This video is very useful and you help à lot of people.The employees need to quit immediately when they are being harassed.The justice system doesn't exist, it's just a formality. Who has the money has it right, this is what the Governments want. Slavery ai it's best
remind me how this is the greatest country in the world?
I'm curious how HR has changed over the years especially as it is now heavily female-dominated, and many Humanities graduates who are exposed to "social justice" in college are ending up there, with the power to wield their "agenda". I have seen male employees walk into HR departments and get that cold look of contempt and disgust for interrupting the Girls Club/Women's Studies meeting in progress.
Women will follow orders easier than men. So it gets worse
Very helpful information, thank you for this!
Hello Mr Robertson, many thanks for the great tutorials that are helping me in my whistleblowing complaint against the care quality commission through the Parliamentary and health service ombudsman's with three investigation complaints.
PLEASE make a video on what exactly pulls you into exempt rather than non exempt. ihave heard its due to managing anyone. ive also heard that its intended for upper mgmt ( ones that do not manage people that are in direct contact with gen public customers ... as in retail.
Good one! I love this
Unfortunately, there are a lot of incompetent HR professionals out there. Many deserve the reputation outlined in some of these videos. An ethical HR person will not engage in unethical behavior and would risk getting fired or find employment elsewhere if they are not empowered to do the right thing even when it's not to the company's benefit. An ethical HR person will not work for unethical C-suite leadership. There's plenty of blame to put on HR to be sure, but ultimately, the blame for many of the points being made in the videos is on company leadership. Ethical leadership will terminate an unethical HR professional (and I have seen this happen more than once).
On the misclassification issue, in fairness to HR, the Fair Labor Standards Act (FLSA) is not black-and-white in many cases. Classification mistakes can be made even when a 100% good faith effort has been made to properly classify a job. That being said, it's always best to err on the side of the employee and classify a job as non-exempt (eligible for overtime) if there is any doubt. Some employees view classification as "exempt" as a positive status symbol (i.e., perhaps different benefits, not having to track time, etc.) and ask HR to classify them as such (although HR should never change classification based on the employee's request unless the employee's job has changed so significantly that it can be correctly reclassified). Also, based on advice from employment attorneys, I have never classified jobs that are not full time as being exempted from overtime. A less-than-full-time employee is arguably by definition being paid based on hours worked.
Ethical HR reps get fired very quickly so the unethical ones are what remains
Place I used to work for was guilty of misclassification. The workplace got sued. LOST and had to pay 3 years of back overtime no questions asked. All you had to do was fill out a half page form that said I worked X amount of overtime in the last 3 years and never got paid for it.
I'm in my first salary position and I work a lot of hours so I would really appreciate a video going over missed classification between exempt and non-exempt employees